Pick the Lowest Hanging Fruit: Hate Crime Law and the Acknowledgment of Racial Violence
Pick the Lowest Hanging Fruit: Hate Crime Law and the Acknowledgment of Racial Violence The has had remedies aimed at racial violence since the Ku Klux Klan Act was passed…
Holding Government Officials Accountable by Applying the State-Created Danger Doctrine to Cases of Suicide
Holding Government Officials Accountable by Applying the State-Created Danger Doctrine to Cases of Suicide Section 1983 of the Civil Rights Act provides a means for plaintiffs whose civil rights have…
Judicial Resistance to New York’s 2020 Criminal Legal Reforms
Judicial Resistance to New York's 2020 Criminal Legal Reforms This Article seeks to examine judicial opposition to New York’s 2020 criminal justice reforms in the context of existing scholarship on…
Criminalizing ESG: A Framework to Hold Corporations Accountable for Incorrect ESG Disclosures
Criminalizing ESG: A Framework to Hold Corporations Accountable for Incorrect ESG Disclosures Investors are increasingly interested in corporate environmental, social, and governance (“ESG”) data, so the SEC has faced pressure…
Habit, Crime, and Culpability
Habit, Crime, and Culpability Courts and scholars long have distinguished the wrongdoing component of criminal liability from the culpability component. In the old days, wrongdoing was thought to be crime’s…
Public Records Aren’t Public: Systemic Barriers to Measuring Court Functioning & Equity
Public Records Aren't Public: Systemic Barriers to Measuring Court Functioning & Equity In a new era of computational legal scholarship, computational tools exist with the capacity to quickly and efficiently…
Rethinking Prison for Non-Violent Gun Possession
Rethinking Prison for Non-Violent Gun Possession Whatever the wisdom or folly of the belief, Americans who live in violence-affected neighborhoods often believe they need a gun for self-defense. Yet many…
Getting Out of Traffic: Applying White Collar Investigative Tactics to Increase Detection of Sex Trafficking Cases
Getting Out of Traffic: Applying White Collar Investigative Tactics to Increase Detection of Sex Trafficking Cases When federal authorities investigate sex trafficking, three realities are consistently present. First, most sex…
Judicial Responses to Age and Other Mitigating Evidence: An Exploratory Case Study of Juvenile Life Sentences in Pre-Miller Cases
Judicial Responses to Age and Other Mitigating Evidence: An Exploratory Case Study of Juvenile Life Sentences in Pre-Miller Cases This study describes how judges in Maricopa County, Arizona responded to…
Is Juvenile Probation Obsolete? Reexamining and Reimagining Youth Probation Law, Policy, and Practice
Is Juvenile Probation Obsolete? Reexamining and Reimagining Youth Probation Law, Policy, and Practice The dramatic growth of prison populations in the United States during the latter half of the twentieth…
Paying For a Clean Record
Paying For a Clean Record Prosecutors and courts often charge a premium for the ability to avoid or erase a criminal conviction. Defendants with means, who tend to be predominantly…
How Culture Impacts Courtrooms: An Empirical Study of Alienation and Detachment in the Cook County Court System
How Culture Impacts Courtrooms: An Empirical Study of Alienation and Detachment in the Cook County Court System Courtrooms operate as unique microcosms—inhabited by courtroom personnel, legal actors, defendants, witnesses, family…